POV | No Bogus Immunity (1/29/15)

In yet another example of a lawmaker considering himself above the people he's supposed to serve, Kentucky State Senator Brandon Smith is claiming that DUI charges against him – stemming from a January 6 arrest in Franklin County – should be dismissed.

Why does he expect such lenience? Because of language in the state Constitution that supposedly shields legislators from being arrested while the state legislature is in session.

Nonsense. While such a provision does exist in the Constitution, it's not there to make any individual member immune from the laws everyone else follows. There's even a specific clause that makes exceptions for cases of “treason, felony, or breach or security of the peace.”

If piloting an automobile on a public road while intoxicated doesn't pose a “breach or security of the peace,” what does?

It is gratifying that Senate President Robert Stivers isn't allowing politics to interfere with his perception of common sense. In a rare, but admirable, rebuke of a fellow Republican, Stivers has stated that Smith's defense is based on a faulty interpretation of the Constitution, and that “no member of the General Assembly is above the law.”

Here's hoping the courts will agree with Senator Stivers in this matter. Senator Smith not only needs to pay for breaking the law; he could also use a lesson in humility.